ORDINANCE AMENDING THE PENALTY PROVISION OF SECTION 21-31.2 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES CERTAIN STORES TO POST ALCOHOL WARNING SIGNS AND PROHIBITS THE DRINKING OF ALCOHOLIC BEVERAGES OR POSSESSION OF OPEN CONTAINERS WITHIN 100 FEET OF LOCATIONS INCLUDING AMONG OTHER THINGS PACKAGE STORES AND RELIGIOUS PROPERTIES; PROVIDING, SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

Indexes:

ALCOHOL

Sponsors:

Sen. Javier D. Souto, Prime Sponsor

Jose "Pepe" Diaz, Co-Sponsor

Sunset Provision:
No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History

Acting Body

Date

Agenda Item

Action

Sent To

Due Date

Returned

Pass/Fail

Board of County Commissioners

10/18/2005

7A

Amended

REPORT:

(See Agebda Item 7A; Legislative File No. 053134.)

Community Outreach, Safety & Healthcare Admin Cmte

9/14/2005

2G

Forwarded to BCC with a favorable recommendation

P

Board of County Commissioners

8/23/2005

Scheduled for a public hearing

Community Outreach, Safety & Healthcare Admin Cmte

9/14/2005

Board of County Commissioners

8/23/2005

4J

Adopted on first reading

9/14/2005

P

REPORT:

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Community Outreach, Safety and Healthcare Administration Committee on September 14, 2005 at 2:00 p.m.

County Attorney

7/27/2005

Assigned

Community Outreach, Safety & Healthcare Admin Cmte

9/14/2005

County Attorney

7/27/2005

Assigned

Thomas W. Logue

Legislative Text

TITLE

ORDINANCE AMENDING THE PENALTY PROVISION OF SECTION 21-31.2 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES CERTAIN STORES TO POST ALCOHOL WARNING SIGNS AND PROHIBITS THE DRINKING OF ALCOHOLIC BEVERAGES OR POSSESSION OF OPEN CONTAINERS WITHIN 100 FEET OF LOCATIONS INCLUDING AMONG OTHER THINGS PACKAGE STORES AND RELIGIOUS PROPERTIES; PROVIDING, SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY

WHEREAS, the current penalty provisions provide for penalties for a first offence of $50 and a second offense of $100 and the Courts have indicated that they will not enforce such penalties because they believe they are civil infractions; and
WHEREAS, Section 21-31.3 of the Miami-Dade County Code has a similar sign provision with a penalty of $500 or sixty days in jail; and
WHEREAS, it is important that the provisions for drinking in public have a criminal penalty so that such conduct remains an arrestable offense so that it can be enforced by the police department,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Section 21-31.2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 21-31.2. Sec. 21-31.2. Consumption or possession of alcohol in open containers near store selling alcoholic beverages, religious property, and other locations. Signs required in such stores.

* * *

(d) Penalties. [[A first violation of this section will be punishable by a fine of fifty dollars ($50.00); a second violation of this ordinance will be punishable by a fine of one hundred dollars ($100.00); the third and each additional violation of this section will be punishable by a fine not less than one hundred fifty dollars ($150.00) or greater than three hundred dollars ($300.00), or by imprisonment not less than ten (10) days or greater than thirty (30) days in jail, or both.]]>>Any person violating any of the provisions of this section shall, upon conviction of such offense, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the County Jail, or both, in the discretion of the court.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.